policies
Creative Expressions, a division of Corporate Signature Designs Inc.
Web Site Agreement
Creative Expressions (“Creative Expressions”) makes
every effort to respect the privacy of our clients. All Client
information is kept confidential. No information has or ever will be
sold, traded, or otherwise viewed by any third parties.
The Creative Expressions Web Site (the "Site") is an
online information service provided by Creative Expressions, subject to
your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Creative
Expressions MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks
is Creative Expressions, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print portions of material from
the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to Creative
Expressions a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Creative Expressions by all means and in any
media now known or hereafter developed. You also grant to Creative
Expressions the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against Creative Expressions for
any alleged or actual infringement or misappropriation of any
proprietary right in your communications to Creative Expressions.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or service-marks of Creative Expressions. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Creative Expressions, Creative
Expressions does not operate, control or endorse any information,
products or services on the Internet in any way. You also understand
that Creative Expressions cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Creative Expressions PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Creative Expressions SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. Creative Expressions DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL Creative Expressions BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Creative Expressions
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Creative Expressions LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Creative Expressions makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non-Creative Expressions
web site, please understand that it is independent from Creative
Expressions, and that Creative Expressions has no control over the
content on that web site. In addition, a link to a Creative
Expressions web site does not mean that Creative Expressions
endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Creative
Expressions, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Creative Expressions and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Canada applicable to agreements made and to be performed in
Canada. You agree that any legal action or proceeding between Creative
Expressions and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal
or provincial court of competent jurisdiction sitting in Canada . Any
cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Creative
Expressions' failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. Creative Expressions may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
|
